Legal Question in Wills and Trusts in New York
Estates-Property-Artwork-Household items
I am a beneficiary in the will of my late uncle. His will states that his sister was willed "any household item she may wih to take. Anything she does not wish to take should be returned to the estate and distributed between his four nephews. My aunt took my uncle's art collection of at least 250 paintings, sculptures, etc. In turn, she gave them to her two sons(also beneficiaries in the will) amd grandson. I got nothing. My question is twofold (1) In New York state is an art collection a household item?, and (2) would my aunt have the right to take items out of the apartment and distribute them to whomever whe wanted? If you know where there is case law that tells whether an art collection is a household item or not could you tell me. Thank you for your help.
2 Answers from Attorneys
Re: Estates-Property-Artwork-Household items
In my opinion, this will be one for a court to decide,
or at least posturing for a battle followed by a
settlement.
I haven't researched New York state case law, but I
doubt this issue has been so clearly established,
at least not as to the words "household items" in a
will. My personal opinion, without benefit of research,
is that an art collection of that magnitude is not a
household item at all. Your greedy aunt was not following
her brother's wishes at all and you will probably have to
get together with 3 other nephews to foot a retainer and
get the suit started.
Before you expose your dissatisfaction to your aunt, start
some important data collection. Get proof that she didn't keep
all those items and that she gave some to her sons already; that's
going to be a major part of the case, and proof -- not heresay! --
is hard to come by when everyone stops talking to one
another. Get one or another to leave a message on tape, hire a detective,
get pictures (video, whatever), etc.
The fact that she immediately gave things to her sons shows that "she didn't
want them" even if they did fit the 'household items' category, so there you have
an alternate legal theory; send me some valuable artwork for giving you that heads up,
willya please?
Sounds like you're gettin' screwed. Get a local lawyer and come up with a retainer, unless
all 250 pieces of art are essentially worthless. It's possible, though I don't know,
you might get someone to take the case on a contingency basis. Creative thinking on the fees:
Contingency means x% of what you make (which could mean having to sell some pieces, of
course) ... target paying $10,000 to $20,000 to fully litigate; make
your contingency percentage slide up with the amount of real legal work involved, so
he gets a quick 5 or 10% for just making a few phone calls and a threatening letter,
but add another 5 or 10% if he takes it to trial, and more if it gets appealed, etc.
and on top of all that, get a couple thousand together up front for a retainer which
comes out of the contingency percentage ... all this assuming that New York state will
allow such creative payment arrangements in this kind of case; the state might not.
Good luck! And failure to act in a probate case forecloses options for the future. Get
right on this!
Re: Estates-Property-Artwork-Household items
Whether the artwork is a household object is an issue ripe to be litigated. I suggest you consult with a New York attorney as soon as possible.
Daniel Clement
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